Feb 18, 2008

greensboro news and record editorial


this is a link to my editorial, we need all citizens to get on board on this issue. I am doing my part please help.

UNC School of Government Prof. Owens web page on Protest Petitions

I wanted to make everyone aware of a great article and read the first sentence when it say the North Carolina General statute is mandatory for all cities and that means Greensboro, but we will need to get the state legislature to pass a bill making Greensboro comply. Here is the link

Feb 17, 2008

yes weekly article on history of exemption of Protest Petition

Jordan Green from Yes Weekly has written a great article on how Greensboro exempted themselves from the Protest Petition. I encourage everyone to read the article and to understand that 37 years is long enough time to get Protest Petition as a part of Greensboro.


yes weekly article on history of exemption of Protest Petition


this link will take you to a great article on this

Protest Petition bill to submit to State Representatives

North Carolina General Assembly
Senate Bill

An act Amending the Greensboro City Charter with respect to ZONING PROTEST PETITIONS

Section 1. The charter of the City of Greensboro being chapter 29 house bill 127 section 11 of the 1971 Law Session as amended, is amended by adding the following . The City of Greensboro is hereby NOT exempted from those provisions of G.S.160a-385 and G.S.160a-386 specifically relating to Protest Petitions on zoning matters.

Section 2. If a rezoning protest petition is filed under the authority of the North Carolina General Statute160a-385 and 160-386 in opposition to a rezoning request, the Greensboro City Council cannot approve the request unless it does so by a vote of three-fourths of all Council members being a super majority. A simple majority can approve all other requests. To file a rezoning protest, the petition must:
1. Be signed by the owner(s) (including both husband and wife if there is joint ownership) of 20% or more of the area of the lots included in the proposed change or
2. Be signed by the owner(s) of property which represents five percent 5% or more of a 100 foot wide buffer extending along the entire boundary of the property to be rezoned. A street right of way shall not be considered in computing the 100 foot buffer area as long as that street right of way is 100 foot wide or less
3. The protest petition must be delivered by 5:00 pm no less than 2 full working days before the hearing date, not including the actual day of the hearing and not including any holidays, Saturdays or Sundays.
4. When less than an entire parcel of land is being rezoned, the 100 foot buffer shall be measured from the property line of the entire parcel.

Section 3. This act applies to the City of Greensboro to conform with all aspects of North General Statute 160A-385 and 386.

Section 4This act is effective when it becomes law.

North Carolina General Statute on Protest Petition 160a-386

§ 160A‑386. Protest petition; form; requirements; time for filing.
No protest against any change in or amendment to a zoning ordinance or zoning map shall be valid or effective for the purposes of G.S. 160A‑385 unless it be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment, and unless it shall have been received by the city clerk in sufficient time to allow the city at least two normal work days, excluding Saturdays, Sundays and legal holidays, before the date established for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of the petition. The city council may by ordinance require that all protest petitions be on a form prescribed and furnished by the city, and such form may prescribe any reasonable information deemed necessary to permit the city to determine the sufficiency and accuracy of the petition. A person who has signed a protest petition may withdraw his or her name from the petition at any time prior to the vote on the proposed zoning amendment. Only those protest petitions that meet the qualifying standards set forth in G.S. 160A‑385 at the time of the vote on the zoning amendment shall trigger the supermajority voting requirement. (1963, c. 1058, s. 2; 1971, c. 698, s. 1; 2005‑418, s. 6.)

North Carolina General Statute on Protest Petition

§ 160A‑385. Changes.
(a) Qualified Protests.
(1) Zoning ordinances may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a qualified protest against a zoning map amendment, that amendment shall not become effective except by favorable vote of three‑fourths of all the members of the city council. For the purposes of this subsection, vacant positions on the council and members who are excused from voting shall not be considered "members of the council" for calculation of the requisite supermajority.
(2) To qualify as a protest under this section, the petition must be signed by the owners of either (i) twenty percent (20%) or more of the area included in the proposed change or (ii) five percent (5%) of a 100‑foot‑wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned. A street right‑of‑way shall not be considered in computing the 100‑foot buffer area as long as that street right‑of‑way is 100 feet wide or less. When less than an entire parcel of land is subject to the proposed zoning map amendment, the 100‑foot buffer shall be measured from the property line of that parcel. In the absence of evidence to the contrary, the city may rely on the county tax listing to determine the "owners" of potentially qualifying areas.
(3) The foregoing provisions concerning protests shall not be applicable to any amendment which initially zones property added to the territorial coverage of the ordinance as a result of annexation or otherwise, or to an amendment to an adopted (i) special use district, (ii) conditional use district, or (iii) conditional district if the amendment does not change the types of uses that are permitted within the district or increase the approved density for residential development, or increase the total approved size of nonresidential development, or reduce the size of any buffers or screening approved for the special use district, conditional use district, or conditional district.
(b) Amendments in zoning ordinances shall not be applicable or enforceable without consent of the owner with regard to buildings and uses for which either (i) building permits have been issued pursuant to G.S. 160A‑417 prior to the enactment of the ordinance making the change or changes so long as the permits remain valid and unexpired pursuant to G.S. 160A‑418 and unrevoked pursuant to G.S. 160A‑422 or (ii) a vested right has been established pursuant to G.S. 160A‑385.1 and such vested right remains valid and unexpired pursuant to G.S. 160A‑385.1. (1923, c. 250, s. 5; C.S., s. 2776(v); 1959, c. 434, s. 1; 1965, c. 864, s. 1; 1971, c. 698, s. 1; 1977, c. 912, s. 7; 1985, c. 540, s. 2; 1989 (Reg. Sess., 1990), c. 996, s. 1; 1991, c. 512, s. 4; 2005‑418, s. 5.)

Contacts to make protest petition a bill

Mr. Dick Hails the planning director for the city of Greensboro said the following
Thanks for relaying the question from Mr. Brown. I saw a recent email from him and know about some of his concerns. I can provide a very general response to them.

As I understand it, the City of Greensboro received special legislation from the General Assembly in 1971 to not utilize the provisions of protest petitions in considerations of rezoning requests going before the City Council. I believe that the General Assembly would need to modify or repeal that legislation before the City could consider establishing protest petition procedures.

The issue of establishing protest petitions has been raised several times by some Council members in the past few years. In each case, there was not a sense that the majority of Council wanted to pursue the matter, and there was not any follow up on the issue.

Thank you,

Dick Hails
Planning Director
City of Greensboro

Alma Adams Almaa@ncleg.net
John Blust Johnbl@ncleg.net
Pricey Harrison Priceyh@ncleg.net
Maggie Jeffus Maggiej@ncleg.net
Earl Jones Earlj@ncleg.net
Laura Wiley Lauraw@ncleg.net

State Senate
Katie Dorsett Katied@ncleg.net
Kay Hagan Kayh@ncleg.net
Phil Berger philbe@ncleg.net
Please e mail them to let them know you want Protest Petitions back in Greensboro